Terms and Conditions

This site and related services are provided subject to your compliance with the Terms and Conditions of Use specified below. Your continued use of this site will indicate your agreement to be bound by these Terms and Conditions of Use. If you do not agree to be bound by these Terms and Conditions of Use, please exit this site promptly.

Use of Site. The information contained within this site is offered solely for your consideration, and is subject to your verification. It is not to be taken as a warranty or representation for which PearlPoint Cancer Support assumes legal responsibility, nor does PearlPoint Cancer Support grant permission to use or practice anything contained therein, or recommend such use or practice. PearlPoint Cancer Support is not intended to be a substitute for professional medical advice. Do not use information from the www.pearlpoint.org website to diagnose or treat a health condition or disease without consulting a qualified health care provider. The contents of this site may be viewed and accessed only for your personal, non-commercial use, provided that all copyright and other proprietary notices are retained on any copies made of the materials. The materials at this site may not be modified in any way or reproduced or distributed or used for any public or commercial purpose unless expressly permitted. Any use or display of the materials on this site on any other website or networked computer environment for any purpose is prohibited. The materials at this site are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to use this site is terminated and you must immediately destroy any downloaded or printed materials. Please note that PearlPoint Cancer Support is not responsible for the content or activities associated with any site or entity that is linked to this site.

Links to Other Sites. Links to third party websites on this site are provided solely as a convenience. If you use these links, you will leave this site. PearlPoint Cancer Support does not claim to have reviewed these third party sites in their entirety, nor does it control these sites. PearlPoint Cancer Support is not responsible for any of these sites or their content. Moreover, PearlPoint Cancer Support does not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

Disclaimer. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PearlPoint Cancer Support further does not warrant the accuracy and completeness of the materials at this site. PearlPoint Cancer Support makes no commitment to update the materials at this site, even if out of date. Information published at this site may refer to products, programs or services that are not available in your country or region.

Limitation of Liability. IN NO EVENT WILL PEARLPOINT CANCER SUPPORT, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Submissions. Subject to the PearlPoint Cancer Support Privacy Statement, any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary. PearlPoint Cancer Support will have no obligations with respect to the such communications. PearlPoint Cancer Support and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. No patient identifying information is to be shared or transmitted to this site.

Choice of Law and Venue. These Terms and Conditions of Use are entered into in the State of Tennessee and shall be governed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules. Each party to these Terms and Conditions of Use submits to the exclusive jurisdiction of the state and federal courts sitting in Nashville, Davidson County, Tennessee for any dispute with PearlPoint Cancer Support, employees, contractors, officers, directors, telecommunication providers, and content providers. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Revisions. PearlPoint Cancer Support may revise and update these Terms and Conditions of Use at any time. Please periodically review the terms, conditions, and privacy statements posted on PearlPoint Cancer Support website. Continued usage of PearlPoint Cancer Support website will be considered acceptance of any changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms on particular pages at this site.

Entire Agreement. Except as expressly provided in a particular “legal notice” on PearlPoint Cancer Support site, these Terms and Conditions of Use constitute the entire agreement between you and PearlPoint Cancer Support with respect to the use of PearlPoint Cancer Support site and content.

Contacting Us: PearlPoint Cancer Support welcomes your questions and comments regarding our Terms and Conditions of Use and anything else on this site.

Blogs and Public Comments

There may be blogs, bulletin boards, public commentary, and discussion threads on this Site (Pearls of Wisdom, hereafter referred to as the “Forums” for purposes of this Terms of Use). The Forums offer an opportunity for communication and information sharing among a variety of participants. PearlPoint Cancer Support (PearlPoint) hopes the Forums provide visitors with a wealth of information from fellow participants, including blog contributors and public commentators. However, please take a moment to read these guidelines for participation in the Forums. These guidelines apply both to content and hyperlinks to external sites posted by Forum contributors.

PearlPoint encourages discussions, debates and even arguments in blog comments, but please share your thoughts politely and constructively. While we strongly encourage open debates, we want to make sure that they take place in a climate of mutual respect. User generated content that is abusive, vulgar, racist, slanderous, harassing, misleading, irrelevant, or otherwise objectionable will not be posted. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.

User postings do not represent the professional advice or opinions of PearlPoint or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in such Forums and for the content of your postings and messages.

Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate the terms of this Agreement, you will have your access to the Forums suspended and may permanently be banned from using such Forums. In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact PearlPoint. PearlPoint will make reasonable efforts to remove the posting if removal is necessary.

You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of PearlPoint or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or use any trademarks or service marks in an infringing fashion.

Excluding PearlPoint staff members or invited experts, you are not allowed to upload, post or transmit any materials that include mention of, hyperlinks to, quotes from, uses or inclusion of third party copyrighted works, trademarks, personal names, and/or proprietary or confidential information. Comments containing such elements will not be posted.

You are not allowed to post, upload or transmit photos or video of any third party without their express permission. By uploading, transmitting or posting any video on the Site or Forums, you warrant that you have express permission from all persons appearing in the media.

You are not allowed to upload, post or transmit any materials, data or media that includes your personal health information (“PHI”) or the PHI of any third party. You must protect the privacy of patients, clients, and family members, both living and not living.

You are not allowed to upload, post or transmit any advertisements or solicitations of business, chain letters or pyramid schemes, or to upload, post, or transmit the same posting more than once.

Comments may be approved for posting provided they are on topic, are relevant to the blog entry and do not include any of the previously mentioned elements that would warrant automatic refusal.

PearlPoint is not responsible for the content of the communications and materials uploaded to the Site. This information should be viewed critically. Any blogs, messages, advice, opinions or other information contained in any Forum should not be construed as professional advice or instruction. Users are solely responsible for determining whether Forum information is suitable for their purposes, and reliance on the information is at the user’s sole risk.

PearlPoint has no obligation to monitor any Forums on this Site. However, PearlPoint reserves the right to review, distribute, remove or delete any posts in the Forums, PearlPoint reserves the right at all times to disclose any information as PearlPoint deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PearlPoint’s sole discretion.

By uploading, transmitting or posting any content, you grant PearlPoint a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part. You also certify that any person appearing in the transmitted or posted content has authorized PearlPoint to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part. PearlPoint is not obliged to maintain back-up copies of any material submitted or posted on the Forums. You agree to indemnify PearlPoint and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from the transmitted or posted contents and any failure to comply with the Terms.

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